Convenience stores operating 24 hours benefit customers as well as the economy and there is no “embargo” on them under the law, stated the Bombay High Court (HC) on Tuesday, directing Pune Police not to force a shop to close by 11 pm.
According to PTI, a division bench of Justices Girish Kulkarni and Advait Sethna said that the concept of 24×7 convenience stores is popular worldwide.
“It brings convenience, ease and flexibility to the consumers to make purchases, more particularly for the people with non-standard working hours,” the ruling by the Bombay HC stated.
“It is also believed to boost the economy by increased consumer spending, as also by creating additional employment opportunities, which is crucial for a large country like ours, where unemployment is a major challenge,” the court further observed, according to PTI.
It appears that in recognising these advantages and achieving progress commensurate with global standards, no restriction has been imposed by the Maharashtra government on the time during which such stores can operate, the bench stated.
The order came on a petition filed by Accelerate Productx Ventures Pvt Ltd, which runs `The New Shop` in the Hadapsar area of Pune.
A petition alleged that local police were unlawfully forcing a convenience store to shut by 11 PM despite no legal restriction on 24/7 operations.
The Bombay High Court observed that the Maharashtra Shops and Establishments (Regulation of Service and Conditions of Service) Act imposes no restrictions on convenience stores operating round the clock. It clarified that such limitations apply only to establishments like hookah bars, permit rooms, dance bars, and liquor-serving restaurants.
In 2020, the government permitted cinema halls to operate 24 hours, the bench said, adding, “Thus, clearly there is no justification whatsoever for the police to impose any restrictions on the petitioner to conduct its shop.”
As per PTI, the court directed the police and other authorities not to force the company to close its shop after 11 pm.
The Pune Police, in their response to the plea, clarified that the time restrictions were misunderstood, and there was no intent to prevent the petitioner from carrying out a lawful activity.
(With inputs from PTI)
