In contemporary times, the concept of 24X7 convenience shops is popular worldwide and there is no embargo under law, the Bombay High Court has said. The court restrained the Pune police from coercing one such 24X7 store at Hadapsar, to shut after 11pm.
The court added that such 24X7 stores bring “convenience, ease and flexibility” to the consumers, particularly those with non-standard working hours, in addition to boosting the economy.
Highlighting the importance of convenience stories across the world, a bench of Justices Girish Kulkarni and Advait Sethna said: “It brings convenience, ease and flexibility to the consumers to make purchases, more particularly for the persons with non-standard working hours,”
It added: “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 noted that the State government, while recognising such advantages and to achieve progress commensurate with the global standards, has imposed timings of such stores.
The Hc passed the order in a plea filed by Accelerate Productx Ventures Pvt. Ltd that runs a 24X7 convenience store – ‘The New Shop’ at Hadapsar in Pune.
Advocate Kaustubh Gidh, representing the company, submitted that the local police was illegally and arbitrarily imposing time restrictions on the store by asking it to shut after 11pm. He added that no law imposes any prohibition or time restrictions on convenience stories from operating throughout the night.
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, the bench noted.
Further, there are such restrictions only for establishments such as hookah bars, permit rooms, dance bars and/ or restaurants that serve liquor, the bench added. Even the government, in 2020, permitted cinema theatres to operate 24 hours. “Thus, clearly there is no justification whatsoever for the police to impose any restrictions on the petitioner to conduct its shop,” the court underlined.
Additional government please Tejas Kapre, submitted an affidavit of police clarifying that there was some misunderstanding over the time restriction and that there was no intention to prohibit the petitioner to operate its lawful activity.
Allowing the petition, the court had directed the police and other authorities not to force or coerce the convenience store to close its shop after 11pm.
