In a significant ruling that aligns with global retail practices, the Bombay High Court on Tuesday affirmed that convenience stores can operate 24 hours a day without any legal hindrance. This decision came as a relief to businesses and consumers alike, particularly those with unconventional work schedules.
The division bench, comprising Justices Girish Kulkarni and Advait Sethna, addressed a petition by Accelerate Productx Ventures Pvt Ltd, which operates ‘The New Shop’ in Pune’s Hadapsar area. The petitioner argued against the Pune Police’s attempts to enforce an 11 pm closure, which they claimed had no basis in law.
The court clarified that under the Maharashtra Shops and Establishments (Regulation of Service and Conditions of Service) Act, there is no restriction on the operating hours for convenience stores, which are distinct from establishments like hookah bars, dance bars, and venues serving alcohol, which are subject to specific time constraints.
Highlighting the benefits of round-the-clock retail operations, the bench stated, “It brings convenience, ease, and flexibility to the consumers to make purchases, more particularly for the persons with non-standard working hours.” The judges also noted that such practices are likely to boost the economy through increased consumer spending and the creation of additional employment opportunities—a crucial factor for a country grappling with unemployment issues.
In their ruling, the justices referenced the 2020 governmental decision allowing cinema halls to operate 24/7, using it to further justify the lack of restrictions on convenience stores. They emphasized that there was no justification for the police to impose any restrictions on the petitioner to conduct its business around the clock.
Responding to the court’s directives, Pune Police acknowledged a ‘misunderstanding’ in their enforcement of closing times and confirmed there was no intention to prevent the petitioner from conducting lawful activities.
