Section 287(9) in The West Bengal Motor Vehicles Rules, 1989
(9)If, upon such testing of a weighing device, the weighing device is certified to be in accurate to an extent greater than any weight by which the laden weight or unladen weight or any axle weight of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the gross vehicle weight or the unladen weight or the registered axle weight, as the case may be. no further proceedings shall be taken in respect of any such laden weight or unladen weight or axle weight and if, the device is certified to be inaccurate to the said extent in respect of every such laden weight, unladen weight or axle weight actually weighed, the deposit prescribed in sub-rule (6) shall be refunded.