Power to have vehicle weighed
87. (1) Any person authorised in this behalf by the Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 86, require the driver to convey the vehicle to a weighing device, if any, within a distance of one mile from any point on the forward route or within a distance of five miles from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 86 regarding weight, he may, by order in writing direct the driver to convey the vehicle or trailer to the nearest place, to be specified in the notice, where facilities exist for the storage of goods, and not to remove the vehicle or trailer from that place until the laden weight or axle weight has been reduced or the vehicle has otherwise been treated so that it complies with section 86.
(2) Where any excess goods are removed any goods vehicles or trailer for storage under sub section (1), such person as may be authorised in this behalf by the Government shall cause a notice in writing to be served on the owner of the vehicle or trailer, as the case may be, requiring him to remove the goods within the time to be specified in the notice and if the owner of the vehicle or trailer refuses or fails to remove the goods within the time so specified, the authorised person may sell the goods by public auction and the balance of the sale proceeds, after deducting therefrom the charges for the storage of the goods and the costs incidental to the sale shall be paid to the owner of the vehicle or trailer, as the case may be:
Provided that where that excess goods removed are of perishable nature, the sale can be held immediately after causing the notice to be served on the driver of the vehicle or the trailer.