“It brings convenience, ease and flexibility to the consumers to make purchases, more particularly for the persons with non-standard working hours,” the ruling said.
“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 said.
It appears that recognising these advantages and to achieve 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 said.
The order came on a petition filed by Accelerate Productx Ventures Pvt Ltd that runs ‘The New Shop’ in Hadapsar area of Pune. The petition claimed that the local police were illegally and arbitrarily asking the company to close the shop by 11 pm even though no law says that a convenience store can not operate through the night.
The judges noted that under the Maharashtra Shops and Establishments (Regulation of Service and Conditions of Service) Act there is no “embargo” on convenience stores to operate 24 hours a day and seven days a week. Restrictions exist only for establishments such as hookah bars, permit rooms, dance bars and/ or restaurants that serve liquor, the HC noted. 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.”
The court directed the police and other authorities not to force the company to close its shop after 11pm. The Pune police in their reply to the plea clarified that there had been a ‘misunderstanding’ over time restrictions and there was no intention to prohibit the petitioner from conducing a lawful activity.
