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Judgment
This Criminal Petition has been filed seeking a direction to the respondent to shift the petitioner from Osmania Hospital to KIMS Hospital at the expenses of the petitioner for continuation of the judicial remand till the petitioner is enlarged on bail by the competent Court.
Heard Mr. Vedula Venkata Ramana, learned Senior Counsel, representing M/s Bharadwaj, appearing on behalf of the petitioner and Mr. Dominic Fernandes, learned Senior Standing Counsel, appearing on behalf of respondent.
Learned Senior Counsel submits that the petitioner is an accused in HQ POR No.13 and 14 of 2026-CusPrev, on the file of the Superintendent of Customs (Preventive), Customs Commissionerate, for offences punishable under Sections 132 and 135 of the Customs Act, 1962, (for short 'the Act'). The petitioner was arrested on 15.07.2026 and was remanded to judicial custody on the very same day. The petitioner is taking necessary steps for grant of bail before the learned Special Court for Economic Offences and the said process is likely to take some time. The petitioner was suffering from high blood pressure, with readings ranging from 180 to 240, severe chest pain, breathing issue, and over sweating. In view of his medical condition, the petitioner was sent to Osmania General Hospital for medical care and treatment. Taking into consideration the medical condition of the petitioner, his cousin brother submitted a written representation to the RMO, Osmania General Hospital, Hyderabad on 28.07.2026, requesting that the petitioner be shifted from Osmania General Hospital to KIMS Hospital, Hyderabad, for better treatment.
He further submitted that the petitioner will bear the expenditure towards his treatment at KIMS hospital, Hyderabad, and that he will abide by any condition that may be imposed by this Court. Unless the petitioner is shifted from Osmania General Hospital to the KIMS hospital for better medical treatment, he will be put to great hardship.
Mr. Dominic Fernandes, learned Standing Counsel for respondent No.2, while opposing the submissions of the learned Senior Counsel for the petitioner, submitted that pursuant to the request made by the cousin brother of the petitioner, Osmania General Hospital has not passed any order and the petitioner has not produced any evidence to establish that Osmania General Hospital is not having any such necessary equipment or medical facilities for his treatment.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that it is not in dispute that the petitioner is an accused in connection with the HQ POR Nos.13 and 14 of 2026-CusPrev, on the file of the Superintendent of Customs (Preventive), Customs Commissionerate, for the offences punishable under Sections 132 and 135 of the Act, and he was arrested and remanded to judicial custody on 15.07.2026. In the Memorandum of Grounds, it is specifically mentioned that the petitioner was suffering from high blood pressure, with readings ranging from 180 to 240, severe chest pain, breathing issue, and over sweating. Even according to both the learned counsel, due to petitioner's health condition, he was shifted to Osmania General Hospital for medical treatment. The record further reveals that the cousin brother of the petitioner submitted a representation to the Resident Medical Officer, Osmania General Hospital, Hyderabad on 28.07.2026, wherein it is stated that the petitioner was admitted on 17.07.2026 at 1:17 a.m. after experiencing serious health complications, including uncontrolled hypertension (high blood pressure), continuous sweating, severe chest pain, and nausea and was discharged on 23.07.2026. It is further stated that the petitioner is a cardiac patient and has been on Non-Invasive Ventilatory (NIV) support for the past six months as part of his ongoing treatment. It is also stated that, due to deterioration in his health condition, the petitioner was once again admitted to Osmania General Hospital on 25.07.2026 with complaints of severe chest pain. The doctors at Osmania General Hospital advised him to consult a Pulmonology Specialist at the earliest for further assessment and specialized management.
It is relevant to mention that the petitioner has filed the present criminal petition seeking a specific relief that the respondent be directed to shift him from Osmania General Hospital to KIMS Hospital for better treatment.
Taking into consideration the peculiar facts and circumstances of the case and the health condition of the petitioner as mentioned in paragraph No.2 of the Memorandum of Grounds, as well as the representation submitted by the cousin brother of the petitioner dated 28.07.2026 to the Resident Medical Officer, Osmania General Hospital, Hyderabad, "The jailor/jail Superintendent, Chanchalguda jail, is directed to take necessary steps to shift the petitioner from Osmania General Hospital to KIMS Hospital, Hyderabad, under proper police escort for medical treatment. The petitioner shall bear the entire medical expenses/attendant expenses towards his treatment at KIMS Hospital, Hyderabad. The Jailor/Jail Superintendent, Chanchalguda Jail, shall ensure that adequate steps are taken during the petitioner's stay at KIMS Hospital, Hyderabad".
With the above directions, this criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.