United States v. Thirteen Cases of Ng Ka Py
Opinion
Lead Opinion
McCormick, J.
Without the formality of obtaining a search warrant or other process, and not in connection with the arrest of any person for the violation of law, prohibition officers oO the government seized 13 eases of Ng Ka Py, a Chi-nose medicinal preparation, in a warehouse in Los Angeles, Cal.
The shipment was made from San Francisco, Cal., to Los Angeles, and was not in course of transportation when seized, but was stored in said warehouse, preparatory to delivery to the consignee, the Sing Fat Company, at Los Angeles, Cal. Samples were taken from the shipment, and upon analysis by chemists of the Prohibition Department the entire shipment was declared to be intoxicating liquor for beverage purposes, and was accordingly removed from said warehouse to the warehouse of the Prohibition Department, where it remains.
The seizure was made in February, 1925, and on September 24, 1926, a libel was filed by plaintiff, substantially alleging the aforesaid facts, and further that said intoxicating liquor was in possession of Sing Fat Company, and was possessed by it in violation of section 3, title 2, of the National Prohibition Act (27 USCA § 12), and was therefore subject to condemnation,…