Pune: In a significant ruling, the Bombay High Court has directed the Pune police to cease enforcing unauthorized restrictions on the operating hours of a 24×7 convenience store in Hadapsar, thereby allowing it to remain open round the clock. The court underscored the global trend of continuous retail operations, citing their benefits in consumer convenience, job creation, and economic growth.
A bench of Justices G S Kulkarni and Advait Sethna issued the directive while hearing a writ petition filed by Accelerate Productx Ventures Pvt. Ltd., which runs “The New Shop” in Amanora Park Town. The company alleged that the local police were arbitrarily forcing the store to close by 10–11 PM, despite no legal directive mandating such closure.
The petition, represented by Advocate Kaustubh Gidh, pointed out that under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, only the state government has the authority to determine shop operating hours. Repeated attempts to seek redress from the Deputy Commissioner of Police reportedly failed, leading the petitioner to seek judicial intervention.
The state government, in its official response, clarified that only liquor outlets and cinema halls fall under regulated operational hours per notifications issued on December 19, 2017, and January 31, 2020. General retail shops, such as the one run by the petitioner, are not bound by such restrictions, it affirmed.
In a revealing affidavit, Senior Inspector Sanjay Mogle of the Hadapsar police admitted the store was mistakenly treated as an eating house, which would be subject to different rules. The instruction to close by 11 PM was described as a precautionary measure to maintain law and order and was not meant to violate any legal provisions, the affidavit claimed.
After examining the submissions, the High Court concluded that the police had no legal grounds to impose any restrictions on the shop’s timings. The bench ruled that the oral directions given by the police were unconstitutional and beyond their jurisdiction.
The court strongly supported the idea of round-the-clock retail models, noting their prevalence worldwide and their value to customers, especially those working non-standard hours. It also highlighted the role of such businesses in enhancing employment opportunities and stimulating the local economy, particularly crucial in a country facing persistent unemployment challenges.
In its judgment, the court instructed Pune police to refrain from interfering in the operating hours of “The New Shop” or imposing similar unlawful restrictions in the future. The ruling serves as a reminder that law enforcement agencies must operate strictly within the limits of their authority and uphold constitutional protections for businesses.
