Vaddevalli Lalitha Saran Kumar vs. The Superintendent Of Customs (Preventive)

Held

The Court considered the rival submissions and the material on record. It was undisputed that the petitioner was an accused in the specified cases and was in judicial custody. The Court noted the petitioner's severe health complications as detailed in the grounds of the petition and the representation made by his cousin. The representation highlighted the petitioner's admission to Osmania General Hospital due to serious health issues, including uncontrolled hypertension, continuous sweating, severe chest pain, and nausea, and that he is a cardiac patient on NIV support for six months. Due to further deterioration, he was readmitted with severe chest pain, and doctors advised consultation with a Pulmonologist. Taking into account the peculiar facts and circumstances and the petitioner's health condition, the Court directed the Jailor/Jail Superintendent, Chanchalguda Jail, to take necessary steps to shift the petitioner from Osmania General Hospital to KIMS Hospital under proper police escort for medical treatment. The petitioner was directed to bear all medical and attendant expenses at KIMS Hospital. The Jailor/Jail Superintendent was further directed to ensure adequate steps are taken during the petitioner's stay at KIMS Hospital.

Facts

The petitioner, Vaddevalli Lalitha Saran Kumar, is an accused in HQ POR No. 13 and 14 of 2026-CusPrev, filed by the Superintendent of Customs (Preventive), Customs Commissionerate, for offences under Sections 132 and 135 of the Customs Act, 1962. He was arrested on July 15, 2026, and remanded to judicial custody. The petitioner suffers from severe health issues, including high blood pressure (180-240), chest pain, breathing difficulties, and over-sweating. He was initially admitted to Osmania General Hospital. His cousin submitted a representation on July 28, 2026, requesting a transfer to KIMS Hospital for better treatment, stating the petitioner is a cardiac patient requiring NIV support and has experienced deteriorating health. The petitioner is willing to bear all expenses. The respondent opposed the transfer, stating no evidence was produced to show Osmania General Hospital lacked necessary facilities.

Key Issues

1. Whether the Court should direct the respondent to shift the petitioner from Osmania General Hospital to KIMS Hospital for better medical treatment, considering the petitioner's severe health condition and willingness to bear expenses? The petitioner argued that his critical health condition, including uncontrolled hypertension, chest pain, and being a cardiac patient on NIV support, necessitates a transfer to KIMS Hospital for specialized care. He emphasized his willingness to cover all treatment costs and abide by any court conditions. The respondent contended that the petitioner had not provided evidence that Osmania General Hospital lacked the required medical equipment or facilities for his treatment, and that the hospital had not yet passed any order regarding the transfer request.