People v. One 1937 Packard 6 Touring Sedan

[762]

KNIGHT, J.

This proceeding was instituted in behalf of the state pursuant to the provisions of chapter 7 of article I of the narcotics division of the Health and Safety Code, to obtain a judicial forfeiture of a 1937 Packard 6 touring sedan seized by state narcotic inspectors for the illegal transportation of cannabis sativa (marihuana). The car in question was being operated by the registered owner (hereinafter referred' to as the purchaser). He was accompanied by a friend, and they were placed under arrest. The San Francisco Remedial Loan Association had refinanced the purchase of the car and was the legal owner thereof by virtue of a chattel mortgage given as security for the payment of a promissory note executed by the purchaser and endorsed by his father, upon which there was a balance due of $216 and interest. The finance company appeared in the proceeding by answer and at the trial sought to establish priority for its mortgage lien. The trial court found that at the time of the seizure the vehicle was being used for the illegal transportation of narcotics and gave judgment forfeiting the interest therein of the purchaser, but denied a forfeiture of the interests of the finance company. This appeal was taken by the state from that portion of the judgment in favor of the finance company.

Section 11620 of said code provides that the claimant of any right, title or interest in a seized vehicle may prove his lien, mortgage or conditional sales contract to be bona fide

and that his right, title and interest was created after a reasonable investigation of the moral responsibility, character and reputation of the purchaser

and without any knowledge that the vehicle was being or was to be used for the purpose charged; and section 11622 declares in effect that “In the event of such proof” the rights of the claimant shall not be forfeited. In construing the provision above italicized it has been held that the burden of proving that such investigation has been made rests upon the claimant

(People

v.

One Pontiac 8 Sedan,

22 Cal. App. (2d) 503 [71 Pac. (2d) 302] ;