Mr Ponda claims that combining Section 67A of the Information Technology Act's prohibition on sending obscene material in electronic form with sections of the Indian Penal Code dealing with pornography is incorrect, because these laws consider "actual intercourse" to be porn and everything else to be vulgar content.
"Police is following the trend of today's online series, which is to have obscene content. But that isn't exactly pornographic. Nothing in this remand indicates that two people engaged in sexual activity. It isn't considered porn because it isn't actual intercourse "Mr. Ponda explained.
In this case, Raj Kundra had requested anticipatory bail. The Mumbai Police told the court on Tuesday that he is reportedly involved in the transmission of pornographic videos through an app called "Hotshots." In the affair, he was arrested and held in police custody until Friday.
"Police arrest should be the exception rather than the rule. Arrests should only be made when the inquiry cannot proceed without them. When the accused was apprehended in this case, he was forced to cooperate with the investigation. The arrest was not made in accordance with the law "Raj Kundra's lawyer stated.
The police said they had enough evidence to charge Raj Kundra. They also stated that Shilpa Shetty played no active role in the probe.
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So far, eleven persons have been arrested in connection with the case. On Tuesday, Mr Kundra's close aide Ryan Thorpe, who was in charge of his company's IT, was arrested.
Out on bail, actor Gehna Vasisth claims she was wrongfully imprisoned in the case. "Those are erotica videos, which are only for adults. They're not pornographic in any way "she expressed herself.
According to the police, the complaint was filed in February following a raid on a villa at Madh Island near Mumbai where a pornographic video was allegedly being shot. During the raid, the cops found a lady who was later became complainant in the case.