Andrade

The United States has appealed to this court from an order of the district court denying forfeiture to the government of one 1947 Cadillac sedanette automobile and directing instead that such vehicle should be turned over to the intervener, Jack Andrade, the appellee herein.

The government seized and sought forfeiture of said Cadillac automobile because of illegal transportation and sale of narcotics in same on several occasions.

The intervener is the vendor of said automobile under a conditional sales contract to one Everett Brown, vendee.

The district court held that said inter-vener as vendor at all times “acted in good faith and in complete innocence” of the unlawful use of said vehicle.

The evidence below established without any contradiction that on four separate occasions in February and March, 1948 one Kado Barrow illegally transported and sold heroin in such Cadillac, Brown not being in the car on any of such four trips. These transactions were in violation of the Harrison Narcotic Act, 26 U.S.C.A. §§ 2553 and 2557, and the Jones-Miller Act, 21 U.S.C.A. § 174 .

The undisputed evidence is as follows: that the automobile here involved was regu larly parked in front of…