The Bombay High Court has ruled that there is no legal restriction on convenience stores operating 24/7 in Maharashtra, marking a significant decision for businesses and consumers alike. The ruling came in the case of Accelerate Productx Ventures Pvt Ltd v State of Maharashtra*, where the Division Bench of Justices GS Kulkarni and Advait M Sethna allowed The New Shop, a Pune-based convenience store, to continue its round-the-clock operations.
A Boost for the Economy and Consumer Convenience
The High Court recognized the global trend of 24/7 convenience stores and their importance in modern economies. “We may observe that in contemporary times, the concept of 24×7 shops of such nature is a popular concept worldwide. It brings convenience, ease, and flexibility to consumers, especially those with non-standard working hours,” the Court noted. Additionally, the Court highlighted that such businesses contribute to the economy by increasing consumer spending and creating job opportunities.
The Case Background: Unwarranted Police Restrictions
Despite no legal framework restricting 24/7 convenience stores, local police in Pune imposed an arbitrary closing time of 10:00-11:00 pm on The New Shop. The store, operated by Accelerate Productx Ventures Pvt Ltd, had been functioning in compliance with the Maharashtra Shops and Establishments Act, 2017, which does not impose any mandatory closing hours for convenience stores.
The petitioner argued that the police had no legal basis for enforcing such restrictions. They pointed out that restrictions under the Act apply to specific businesses such as liquor stores, bars, hookah parlors, cinemas, and theaters but not to general convenience stores. Furthermore, an RTI response from the State authorities confirmed that no additional permission was required for a convenience store to operate 24/7.
Police Misinterpretation of Rules
In response, the police admitted to misinterpreting regulations and wrongly applying rules meant for establishments serving food and alcohol. The confusion arose because The New Shop also sold food items. However, the Court clarified that a convenience store selling food items does not fall under the same category as restaurants, bars, or liquor-serving establishments.
Court’s Verdict: A Landmark Decision for Business Freedom
The Bombay High Court ruled in favor of the petitioner, stating unequivocally that no restrictions could be imposed on The New Shop’s operations. “Thus, respondent no. 3 has also clearly admitted in the reply affidavit that no restriction can be imposed on the petitioner’s operating its New Shop 24×7 and more particularly after 10.00 – 11.00 pm,” the Court stated.
This ruling sets a crucial precedent for convenience store owners across Maharashtra and possibly India, reinforcing that businesses compliant with the Maharashtra Shops and Establishments Act, 2017, can operate 24/7 without additional permits or restrictions from local authorities.
Implications of the Ruling
1. More Business Opportunities
This decision opens doors for entrepreneurs looking to establish 24/7 convenience stores, boosting the retail sector and fostering economic growth.
2. Increased Consumer Convenience
Consumers, especially those with late working hours, now have access to essential products at all hours, aligning with global retail trends.
3. Clarification of Legal Framework
By establishing that convenience stores are not subject to arbitrary police restrictions, this ruling provides much-needed clarity for businesses and law enforcement.
Legal Representation
Advocate Kaustubh Gidh represented The New Shop, while Additional Government Pleader Tejas Kapre appeared for the State.
Conclusion
The Bombay High Court’s decision strengthens business rights, consumer convenience, and economic growth by affirming that convenience stores can operate 24/7 without legal embargoes. As businesses in India continue to modernize, this ruling is a step towards aligning the country’s commercial landscape with global standards.
For entrepreneurs, legal professionals, and policymakers, this case serves as a crucial reference for ensuring business-friendly regulations while maintaining legal clarity in the retail sector.
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