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Raj Kundra didn't escape probe, should not have been whisked away like this, contests lawyer
The Bombay high court will again hear Raj Kundra's plea against his arrest by the Mumbai Police on Saturday, Justice AS Gadkari said.
Appearing for businessman Raj Kundra, who has been arrested last week for allegedly running a porn film racker, lawyer Abad Ponda on Thursday said the arrest was illegal as Kundra was not served notice. Defending his client, Ponda said Kundra should have been given a date and time to appear before the police. The court said that when his client was issued a notice, he refused. "I should have been given an opportunity to appear, even if I don't accept the notice. They can't whisk me away like this. Refusing to accept a summon is not a cognisable offence for which they can arrest me," Raj Kundra's lawyer said during the hearing, Live Law reported.
The lawyer also referred to comedian Munawar Faruqui's case where the Supreme Court ordered an ad-interim bail to the comedian, who was arrested by Madhya Pradesh police for allegedly hurting religious sentiment in one of his shows. To this, Justice Gadkari said only the Supreme Court can do that.
Also Read: Mumbai Police transfers Raj Kundra pornography case to property cell
The case will again be heard on Saturday, Justice AS Gadkari said.
Terming the arrest illegal, Raj Kundra's lawyer said that Mumbai Police got a search warrant from the magistrate court on July 19 searched the office premises of Viaan Industries, which is located in Andheri West, Mumbai. After the search, the police issued summon under Section 41A of CrPC which Kundra refused to accept and sign. Before the search, Kundra was not issued any notice, his lawyer said.
The court said that this does not make the arrest illegal as nowhere the law says that the police can't arrest him. To this, Ponda said police should have given notice while Raj Kundra extended full cooperation with the searching team. Kundra was not at the office when the search began. As it went n for 5-6 hours, he was called and he reached the spot, his lawyer said.
Mumbai Police on July 19 arrested Raj Kundra on several charges of the Indian Penal Code and the Information and Technology Act. It has been alleged that Kundra's Viaan Industries was involved in a porn racket in Mumbai, though the streaming platform Hotshots, which is at the centre of this alleged crime, was owned by a UK firm. Police investigation revealed that the firm is owned by Raj Kundra's brother-in-law and they were making crores by making porn. Police have also found some international deals that Kundra was finalising, following which several bank accounts are now on police radar.
On Wednesday, Mumbai's Esplanade court rejected Raj Kundra's bail plea as the public prosecutor contested that since he is an influential person, he can intimidate witnesses if he gets bail.
