DEKALB COUNTY, AL (WAFF) -
Prosecutors in DeKalb County are seeking drug forfeiture of a Geraldine business after one of its owners was charged selling spice out of the business.
It's believed to be one of the first such cases in the state since spice was made illegal.
Prosecutors hope to take the cash and the business away.
Friday, however, the defense put on the owner's wife, who also owns the business.
She said she had no knowledge spice was being sold.
Rajeshkumar Patel and his wife, Hinaben, left the courtroom without comment following Friday morning's forfeiture hearing.
Prosecutors are seeking to condemn to the state just over $3,100 cash and the Geraldine Minit Mart the couple own that has been shut down since his arrest for spice earlier this month.
Patel's wife hopes the store can be released to her to operate, citing this is the couple's only income.
In court testimony, she told the court she had no knowledge spice had been sold at the store.
But prosecutors argued other employees testified they sold spice there well before spice was even made illegal.
On the stand, Mr. Patel pleaded the Fifth Amendment.
The court did not make an immediate ruling.
The judge said he would need more time because there were concerns over property ownership in that the Patels are not actual owners but rather two partners in a Limited Liability Corporation, or LLC, that was formed to purchase the business.
"The dilemma is whether or not the actions of Mr. Patel are going to bind the LLC so as to not allow the property to be returned. The question then goes to this: Does an illegal action of a member bind an LLC?" said Tony Jennings, Patel's attorney.
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Rajeshkumar Patel was charged with selling spice out of his convenience store in Geraldine.
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