The Mumbai Police on Monday instructed the Bombay excessive courtroom that businessman Raj Kundra, who was arrested on fees of manufacturing and streaming pornographic content material, deleted proof, together with WhatsApp chats. The police’s submission got here on a petition filed by Kundra and his affiliate Ryan Thorpe difficult their arrest.
“They (Kundra and Thorpe) were found deleting certain WhatsApp chats. The attitude of the applicant Raj Kundra speaks volume of his cooperation in the investigation. We do not know how much data has been deleted. The police are still trying to retrieve it,” public prosecutor Aruna Kamat Pai mentioned.
She additional instructed the courtroom that Section 201 of the Indian Penal Code (on destruction of proof) was subsequently invoked in opposition to each the accused. “If accused persons are destroying evidence, then can the investigating agency be a mute spectator?” Pai requested.
Kundra’s lawyer, nevertheless, refuted the declare of destruction of proof saying all of the gadgets of businessman, together with his telephone and laptops, had been seized by the police throughout the search.
Kundra and Thorpe have termed their arrests as unlawful, contending necessary provision of issuing notices to them beneath Section 41A of the Code of Criminal Procedure (CrPC) was not adopted. They sought the excessive courtroom to direct for his or her instant launch and quash two orders handed by a Justice of the Peace after their arrest remanding them in police custody.
But the general public prosecutor instructed the one bench of Justice AS Gadkari that notices had been certainly issued to each Kundra and Thorpe earlier than their arrest. “Kundra refused to accept it while Thorpe accepted it,” Pai mentioned. Thorpe’s counsel Abhinav Chandrachud argued that whereas a discover was issued to Thorpe, he was not given time to conform or reply to it.
The public prosecutor additional instructed the courtroom that from Kundra’s laptop computer, the police recovered scripts with sexual content material and a presentation on the monetary projection and advertising and marketing technique of HotShots and one other comparable app BollyFame.
The duo is in jail beneath judicial custody. While Kundra was arrested on July 19, Thorpe was arrested the subsequent day. Kundra instructed the excessive courtroom in his petition that the fabric which the police claimed to be pornographic didn’t depict express sexual acts however reveals materials within the type of quick motion pictures “which are lascivious or appeal to the prurient interest of persons at best”.
After the legal professionals concluded their arguments, the excessive courtroom reserved its order on the petitions.
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