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51 porn films were seized from Raj Kundra, public prosecutor tells HC

MUMBAI: The public prosecutor (PP) Aruna Pai today told the Bombay High Court that Raj Kundra and his technical associate Ryan Thorpe were arrested as they started destroying evidence in porn films case however the police were able to seize 51 pornographic films from two apps. 

Pai was appearing in separate pleas by both Kundra and Thorpe (which has now been clubbed) challenging their arrest and subsequent remand which they have termed illegal. 

The PP said that rather than cooperating with the police in the investigation the two accused, who had realised that the police will raid and search their premises for evidence, started deleting content from the WhatsApp groups and chats however the investigating teams were able to seize 51 pornographic films under the Hotshot and Bolly Fame app during their search.

"When an accused starts destroying evidence the investigating authorities cannot be mute spectators, they have to prevent them. Therefore in order to prevent them, they were arrested," Pai told the court.

She also said that more material was seized from Kundra’s personal laptop, mobile phone and Storage Area Network (SAN) device installed in his office.

Hearing the matter via video conferencing Justice Ajay Gadkari refused to pass any order without hearing the prosecution, and after Pai assured the court that the police will file its reply, posted the matter for further hearing. The matter is again listed for Monday, August 2.

In his petition before the court, Kundra has said that the alleged content does not depict any explicit sexual acts or intercourse but show only material in the form of short films. In his petition before the court, Kundra has said that the alleged content does not depict any explicit sexual acts or intercourse but show only material in the form of short films.

In his petition he further says that as proper Criminal Procedure Code (CrPC) was not followed by the police during his arrest, thus making it illegal. He added that new charges including section 201 (punishment for causing disappearance of evidence) of the Indian Penal Code, which were not pressed when he was first arrested, were added as an afterthought. 

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