Magistrate Chai Guan Hock said he was allowing K & K Engine Link (M) Sdn Bhd’s application as the department had failed to prove its case.

The JPJ had failed to file a reply in response to the company’s application that it could not withhold the vehicle.

Chai also dismissed JPJ’s application to forfeit the vehicle valued at RM500,000.

The JPJ last year seized the truck for overloading, which is an offence under Section 57 of the Land Public Transport Act 2010.

The proprietor was fined RM15,700 after pleading guilty to overloading.

The JPJ later applied to the magistrate to forfeit the vehicle and a notice was sent to the company.

The company then, under Section 80(3) of the Act, sought the release of the vehicle on multiple grounds, including that it could not suffer double jeopardy of losing the property after having paid a fine.

Counsels Salim Bashir, MK Thas and Aizuddin Rathuan appeared for the company.

Last September it was reported that several lorries were impounded by the JPJ for carrying excessive loads.

This led to an impasse between the JPJ and a group of lorry drivers who said they were losing income. They claimed they had already paid the fines for the offences yet their vehicles were kept by the department.

The JPJ said it took stringent measures to impound the heavy vehicles as they were found to be carrying more than 70% to 140% of the permissible load.

It stressed that heavy vehicles carrying excessive or hazardous loads were at risk of fatal accidents due to brake and technical failures, as well as causing road damage, which often led to accidents involving other vehicles.