Raj Kundra's lawyer argues the content of his app vulgar like web series, can't be classified as porn

Businessman Raj Kundra remains in police custody for his alleged involvement in an adult film racket busted by the officials in the city. Named a key conspirator in the case by the Crime Branch of the Mumbai Police, Raj was remanded to police custody till July 23 by the court where he was produced after his arrest. The businessman’s lawyer Abad Ponda, however, in court on Tuesday argued that the videos produced by him are ‘vulgar’ like the content popular in web series these days and not ‘porn’.

Raj Kundra was produced before the CMM Court in Mumbai on Tuesday after his arrest on Monday night. His lawyer argued against the application of Section 67A of the Information Technology Act, which makes it punishable to electronically transfer or publish obscene material, with the Indian Penal Code sections that talk about pornography.

Mr. Ponda says that according to these laws for the videos to be considered there should be actual intercourse shown. "Police is following what web series are doing these days - vulgar content. But that's not really classified as porn. Nothing in this remand shows that two people actually indulged in act of intercourse. If it's not actual intercourse, it's not classified as porn," he said in court according to an NDTV report.

Raj Kundra had sought anticipatory bail in court. He has been accused of producing these adult films for an app called Hotshots which was created by his company and later sold to a UK-based firm.

His lawyer also argued against his arrest saying it wasn’t in accordance with the law. The argument was that the arrest should be made only when an investigation can’t continue without the accused. According to Mr. Ponda, Raj Kundra was made a part of the investigation once he’s arrested.

Police officials, on the other hand, argued that they had sufficient evidence against Kundra. The case came to light after police busted a shoot of these adults films in February in Madh island and arrested five people. So far 11 arrests have been made in the case.