4. At the time of hearing, it is represented that the Ministry of Shipping Road Transport and Highways under Notification dated 03.05.2007 permitted the Petitioner's vehicle to transport up to 1,08,000 Kgs., (108 tonnes) and 72,000 Kgs., (72 tonnes) of weight. It is stated that as per the said permission granted by the Central Government, the Petitioner is entitled to transport up to 180 tonnes of gross weight, while it was carrying only 117 tonnes and other items, totaling to 141 tonnes, which is within the permissible limit. Even as per the vehicle check report, dated 19.07.2007 issued by the transport authorities at Nellore, the total weight of the vehicle including the trailer is 166 tonnes, which is less than the permissible limit of 180 tonnes. It is contended by the learned counsel for the petitioner that though the Petitioner has complied with all the formalities and even paid the compounding fee or fine, as determined by the Judicial First Class Magistrate concerned, but taking advantage of the order passed on the application made by confusion, though the vehicle was not in the custody of the Court, the Respondents declined to release the vehicle. Hence, sought for release of the vehicle and the trailers.
