Forthcoming; Notice, Hearing. (a) When property is held by a law enforcement agency and a criminal action in which the property is needed is not filed within 90 days following the acquisition of the property by the agency, a person entitled to the
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possession of the property may apply for the release of the property to the Superior Court. (b) The court shall give notice and an opportunity to be heard to the Attorney General and to the person from whom the property was taken when the application for release is filed by another person. (c) After a hearing the court may either order the release of the property to the person who is entitled to possession it or permit the property to remain in the possession of the law enforcement agency without prejudice to a subsequent application for release. NOTE: Section 150.30 provides a procedure for release where a criminal action is not filed. Compare §§ 150.40 and 150.50. Where release is not obtained - for example, where filing of an action in which the property will be needed is imminent - the applicant is not foreclosed from applying again at a later time.