Section 287(8) in The West Bengal Motor Vehicles Rules, 1989
(8)If, upon the testing of a weighing device under sub-rule (7), the weighing device is certified to be accurate or to be inaccurate to an extent less 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 unladed weight or the registered axle weight, as the case may be. a contravention of sub-section (3) of section 113 of the Act shall be deemed to have been proved.