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2026 DAILYLAW 46485 (MAD)

Sujanthan v. Union of India rep by its Intelligence Officer

CRL MP/11930/2026 · 2026-07-08

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.No.11930 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. M.P. No. 11930 of 2026 in Crl. A. No. 339 of 2026 Sujanthan ... Petitioner Vs. Union of India, rep., by its Intelligence Officer, Narcotic Control Bureau, Chennai Zonal Unit, Chennai – 90. ... Respondent To exempt the petitioner from payment of fine amount in pursuance of the judgment dated 26.02.2026 made in C.C. No. 91 of 2020 on the file of the I Additional Special Judge EC & NDPS Court at Chennai. For Petitioner : Mr. S. Kasirajan For Respondent : Mr. A. Kumaraguru, Special Public Prosecutor 1/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11930 of 2026 O R D E R This Criminal Original Petition has been filed seeking exemption from payment of the fine amount imposed pursuant to the judgment dated 26.02.2026 passed in C.C. No. 91 of 2020 on the file of the I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. 2. The petitioner / A3 in C.C.No.91 of 2020 was convicted by the trial Court and preferred an appeal before this Court in Crl.A.No.339 of 2026. Pending the appeal, the petitioner filed Crl. M.P. No. 5576 of 2026 seeking suspension of sentence. By order dated 16.06.2026, this Court suspended the sentence and granted bail, taking into consideration the period of incarceration undergone by the petitioner and the judgment of the Hon’ble Supreme Court. The petitioner was directed to comply with conditions in paragraphs 9 and 10 of the said order. 2.1. Pursuant to the said order, the petitioner’s counsel presented a copy of the order before the trial Court along with the surety affidavit and surety memo. However, with endorsement dated 22.06.2026, the trial Court returned the papers stating,“Fine amount not paid. Rs.1,00,000/- fine amount to be paid. Hence returned”. Since the petitioner had not paid the 2/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11930 of 2026 fine amount, the surety affidavit and surety memo not entertained and were returned. Hence, the present petition has been filed. 3. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent. 4. The trial Court cannot give its own interpretation to the orders passed by this Court. While granting suspension of sentence and enlarging the petitioner on bail, this Court had duly considered all the aspects. Therefore, the trial Court is only required to comply with the directions issued by this Court and satisfy itself with regard to the sureties produced and nothing beyond that. 5. In view of the above, the petitioner is directed to resubmit the surety affidavit and surety memo, which were returned on 22.06.2026. On such re-submission, the trial Court shall not insist upon payment of the fine amount or enquire into the same. The trial Court shall strictly comply with the order passed by this Court, verify the sureties in accordance with law and entertain the surety documents without raising any objection regarding the 3/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11930 of 2026 payment of the fine amount. 6. With the above directions, this petition is allowed. 08.07.2026 Neutral Citation: Yes/No AT Note: Issue order copy on 09.07.2026 To 1.The I Additional Special Court for Exclusive Trial of Cases under NDPS Act Cases, Chennai. 2.The Intelligence Officer, Union of India, Narcotic Control Bureau, Chennai Zonal Unit, Chennai – 90. 3The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11930 of 2026 M.NIRMAL KUMAR, J. AT Crl. M.P. No. 11930 of 2026 in Crl. A. No. 339 of 2026 08.07.2026 5/5 https://www.mhc.tn.gov.in/judis