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(35 ILCS 135/25) (from Ch. 120, par. 453.55)
Sec. 25.
After seizing any original packages of cigarettes, or cigarette
vending devices, as provided in Section 24 of this Act, the Department
shall hold a hearing and shall determine whether such original packages of
cigarettes, at the time of their seizure by the Department, were contraband cigarettes or whether such cigarette
vending devices, at the time of their seizure by the Department, contained
original packages of contraband cigarettes. The Department shall give not less than 7 days' notice of the
time and place of such hearing to the owner of such property if he is
known, and also to the person in whose possession the property so taken was
found, if such person is known and if such person in possession is not the
owner of said property. In case neither the owner nor the person in
possession of such property is known, the Department shall cause
publication of the time and place of such hearing to be made at least once
in each week for 3 weeks successively in a newspaper of general circulation
in the county where such hearing is to be held.
If, as the result of such hearing, the Department shall determine that
the original packages of cigarettes seized were at the time of seizure contraband cigarettes, or that any cigarette
vending device at the time of its seizure contained original packages of
contraband cigarettes, the
Department shall enter an order declaring such original packages of
cigarettes or such cigarette vending devices confiscated and forfeited to
the State, and to be held by the Department for disposal by it as provided
in Section 27 of this Act. The Department shall give notice of such order
to the owner of such property if he is known, and also to the person in
whose possession the property so taken was found, if such person is known
and if such person in possession is not the owner of said property. In case
neither the owner nor the person in possession of such property is known,
the Department shall cause publication of such order to be made at least
once in each week for 3 weeks successively in a newspaper of general
circulation in the county where such hearing was held.
(Source: P.A. 96-782, eff. 1-1-10.)
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