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Bombay High Court Upholds 24x7 Retail Operations, Rules Against Police Restrictions

The Bombay High Court has ruled that police cannot impose arbitrary restrictions on 24x7 retail stores, reaffirming businesses' right to operate without interference 

02-04-2025
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A bench comprising Justices G.S. Kulkarni and Advait M. Sethna observed that round-the-clock retail operations contribute to economic growth by increasing consumer spending and generating employment opportunities. Given India's ongoing challenges with unemployment, the court noted that the absence of restrictions on 24x7 store operations aligns with global standards and economic progress.

The case stemmed from a petition filed by Accelerate Productx Ventures Pvt. Ltd., which operates "The New Shop," a convenience store chain offering daily essentials on a 24-hour basis. The company alleged that officers from Hadapsar police station were pressuring them to close their outlet by 10:00–11:00 PM despite no legal directive mandating such a restriction. Advocate Kaustubh R. Gidh, representing the petitioner, argued that regulating shop operating hours falls under the purview of the Maharashtra State government, specifically the Secretary of Industries, Energy, and Labour Department, and not the police.

The state government clarified that apart from notifications issued on December 19, 2017, and January 31, 2020—which pertain to liquor shops and cinema halls—there were no regulations restricting the operation of general retail stores around the clock. The police, in their defense, cited a misunderstanding regarding food products sold at the store, mistakenly assuming it was subject to rules governing eating establishments.

After examining the relevant notifications, the High Court ruled that the police had no legal authority to impose operational restrictions on the store. The court held that the Hadapsar police's verbal directives lacked legal backing and affirmed the petitioner’s right to operate without arbitrary interference.

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