Kundra was detained on July 19 by the Mumbai Police Crime Branch after being charged with selling obscene content under the Indian Penal Code and the Information Technology Act.
The police investigation had two components. One was after individuals who created these porn shows, while the other went after those who broadcast these films. Some of these production companies transmit from servers located outside of the country.
One such UK production business, discovered to be uploading similar content, was investigated by the authorities, and its executive, Umesk Kamat, was detained. According to an officer, Kundra was arrested because of his claimed relationship with Kamat and the company that published such pornographic content.
Moreover, the police authorities discovered a large amount of foreign currency in the company’s account during their preliminary examination. The police also wanted to question Kundra about the contents of his phone and statements made by co-accused in the case. It requested Kundra’s maximum incarceration on these grounds.
Senior Advocate Aabad Ponda, who represented Kundra, contended that the imprisonment requested for him was unlawful because just two of the charges against him were non-bailable.
He contended that the police should notify the court why further investigation into the matter could not be conducted without taking Kundra into prison and why no summons could be issued under Section 41 of the Code of Criminal Procedure (CrPC) to interview him before arresting him.
Kundra was charged with violating Indian Penal Code Sections 292, 293 (selling of obscene material), Information Technology Act Sections 67, 67A (transmission of sexually explicit material), and the Indecent Representation of Women (Prohibition) Act. As of now, Mumbai Court remanded him in police custody till 23 July,2021.