The Bombay High Court on Tuesday directed the Mumbai Police to respond to the plea filed by celebrity businessman Raj Kundra, the main accused in the porn films case. The police have been asked to furnish details of the notice given to Raj Kundra under Section 41A of the Criminal Procedure Code (CrPC).
RAJ KUNDRA’S PLEA AGAINST HIS REMAND TO CUSTODY
Raj Kundra had filed a plea against his remand to police custody and all subsequent orders passed by the Esplanade Magistrate Court after his arrest in the pornography racket case. His plea revolved around the fact that the sections under which he has been charged are punishable with maximum penalty of a seven-year jail sentence. In such cases, a notice under Section 41A of CrPC is given to a person asking them to join the investigation.
Senior Advocate Aabad Ponda, appearing for Raj Kundra, argued that the custody sought for Kundra was illegal as only two among all the offences he was arraigned for are non-bailable. He argued that the required notice under Section 41A had not been issued in advance.
Raj Kundra claimed that it was handed over to him only when he was arrested and taken to the police station and, hence, he had refused to sign it. Senior Advocate Aabad Ponda said the notice had been given as a “mere formality”.
FURNISH DETAILS OF NOTICE UNDER SECTION 41A: JUDGE TO POLICE
Chief Public Prosecutor Aruna Pai, appearing for the Mumbai Police, informed the court that a notice under Section 41A had in fact been issued to the accused.
Justice A S Gadkari, after hearing both arguments, asked Aruna Pai to put down her submissions in a reply. The reply must contain details on when and how the summon was issued. The matter was then adjourned for hearing on Thursday.
Raj Kundra’s petition filed by advocate Subhash Jadhav sought directions from the court to quash his custody and release him immediately.
WHAT HAS RAJ KUNDRA BEEN CHARGED WITH?
Raj Kundra has been charged under Sections 292, 293 (sale of obscene material) under the Indian Penal Code, Sections 67, 67A (transmission of sexually explicit material) under the Information Technology Act and provisions of the Indecent Representation of Women (Prohibition) Act.
On Tuesday, the magistrate had remanded Raj Kundra to judicial custody for 14 days.
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Source: https://www.indiatoday.in/law/story/bombay-hc-mumbai-police-respond-raj-kundra-plea-remand-custody-1833359-2021-07-27
