Mumbai: Businessman Raj Kundra, who was arrested on charges of production and distribution of pornographic films through apps, moved the Bombay High Court on Friday after the magistrate court extended his police custody till July 27.
Contending that the videos may be described as ‘lascivious’ but do not show ‘explicit’ sexual acts, the petition sought quashing of the lower court’s order, reported PTI.
The 45-year-old, who is Bollywood actress Shilpa Shetty’s husband, was arrested by Mumbai Police on July 19.
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The petition stated that the magistrate’s order, sending him to police custody, violated the law as serving a notice under section 41A of the Code of Criminal Procedure (before arrest) is mandatory, especially during COVID-19 pandemic.
Section 41A says that the police may, in cases where arrest is not warranted, issue summons to the accused person and record his or her statement.
Also Read: Porn Films Case: Shilpa Shetty Breaks Silence After Hubby Raj Kundra’s Arrest