DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the petitioners to release the consignment containing soyabean extraction as contained in Wagon Nos. SC 27204/BCX and SC 26962/BCX (hereinafter referred to as the said wagons) without insisting upon the petitioners to pay penalty in terms of the communication dated December 8, 2011 issued by the respondent authority. According to the petitioners, a consignment of soyabean extraction was to reach at Darshana in Bangladesh. Weighment took place at the instance of the respondent authority in transit. A notice dated December 8, 2011 was issued to the petitioners raising a penalty on the ground of overloading of wagons in respect of the aforesaid consignment.
(2.) According to the petitioners, all the wagons were released after re-weighment of the same in absence of any representative of the petitioners save and except the said wagons. He was asked to deposit a sum of Rs. 3,73,411/- only towards penalty for overloading of the wagons.
(3.) Today it is submitted by the learned Counsel appearing for the respondent authority, on instruction, that the said wagons were detained for conducting further weighment in presence of the representative of the petitioners. But during the pendency of this writ application the writ petitioners submitted a representation for releasing of the said wagons on payment of penalty. It is further submitted by him that the said wagons were released after payment of penalty by demand draft dated January 19, 2012 bearing No. 017723 through 'Yes Bank'.;