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Customs Accused Can Be Shifted to Private Hospital During Remand if Medical Condition Warrants: Telangana HC

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The Telangana High Court has directed the Customs Department to shift a judicially remanded accused from Osmania General Hospital to KIMS Hospital, Hyderabad, for specialized medical treatment at his own expense, holding that the peculiar facts of the case and the petitioner’s deteriorating health warranted such relief. 

The bench of Justice J. Sreenivas Rao clarified that the transfer would be subject to proper police escort and continued security arrangements during hospitalization. 

The petitioner sought a direction to the investigating agency to shift him from Osmania General Hospital to KIMS Hospital for continuation of treatment during judicial remand until his bail application is decided. 

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The petitioner is an accused in HQ POR Nos. 13 and 14 of 2026 registered by the Superintendent of Customs (Preventive), Customs Commissionerate, Hyderabad, for alleged offences punishable under Sections 132 and 135 of the Customs Act, 1962. He was arrested on July 15, 2026, and remanded to judicial custody on the same day. The petitioner informed the Court that he was pursuing bail before the Special Court for Economic Offences, but the process was likely to take time. 

According to the petition, the accused suffered from serious medical ailments, including uncontrolled hypertension with blood pressure readings between 180 and 240, severe chest pain, breathing difficulties, and excessive sweating. Owing to his condition, he had been admitted to Osmania General Hospital for medical treatment. His cousin subsequently submitted a written representation to the Resident Medical Officer of Osmania General Hospital on July 28, 2026, requesting that he be shifted to KIMS Hospital for better medical care. 

Senior Counsel appearing for the petitioner submitted that the accused was willing to bear all expenses relating to his treatment at KIMS Hospital and would comply with any conditions imposed by the Court. It was argued that unless he was shifted to a better-equipped medical facility, he would suffer serious hardship. 

The Customs Department opposed the petition, contending that the Resident Medical Officer of Osmania General Hospital had not passed any order on the petitioner’s representation seeking transfer. It was further argued that the petitioner had failed to produce material demonstrating that Osmania General Hospital lacked the necessary medical infrastructure or facilities required for his treatment. 

The High Court noted that there was no dispute regarding the petitioner’s arrest, judicial custody, or the criminal proceedings under the Customs Act.

The Court also examined the medical records and the representation submitted by the petitioner’s cousin. These documents revealed that the petitioner had first been admitted to Osmania General Hospital on July 17, 2026, after suffering uncontrolled hypertension, continuous sweating, severe chest pain, and nausea. He was discharged on July 23, 2026. The records further disclosed that he was a cardiac patient who had been on Non-Invasive Ventilatory (NIV) support for the previous six months as part of his ongoing treatment. Subsequently, his health deteriorated again, leading to his re-admission on July 25, 2026, with severe chest pain. Doctors at Osmania General Hospital had advised consultation with a pulmonology specialist for further assessment and specialized management. 

The High Court observed that the petition specifically sought permission to shift the accused from Osmania General Hospital to KIMS Hospital for better treatment. Considering the peculiar facts and circumstances of the case, particularly the petitioner’s medical condition as reflected in the pleadings and supporting medical records, the Court found it appropriate to permit the transfer. 

The Court emphasized that the petitioner himself had undertaken to bear all medical and attendant expenses and that adequate security arrangements could be maintained by the investigating agency during his hospitalization. 

Allowing the petition, the High Court directed the Investigating Officer to take necessary steps to shift the petitioner to KIMS Hospital, Hyderabad, under proper police escort for medical treatment.

The Court further directed that the petitioner shall bear the entire cost of his medical treatment and attendant expenses at KIMS Hospital. The Investigating Officer shall ensure adequate security arrangements throughout the petitioner’s stay at the hospital. 

The criminal petition stood disposed of, and all pending miscellaneous applications were also closed. 

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Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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