• Legal procedure to open store till late night

We have a online delivery portal by which we deliver food to the customers till late night 3.30 AM. We are located a shopping complex and there is no resident nearby. We have local municipal corporation license, food safety license and certificate of incorporation from MCA. But the ASI from the local police station is asking us to pay Rs. 30000 per month to keep the store open late night. We are newly opened and not in a position to pay that amount. As far as I know there is a Model shop establishment Act passed by the central government in 2016. Please suggest what will be the feasible solution.
Asked 6 years ago in Business Law

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12 Answers

1.  Approach the local Anti Corruption Bureau and lodge a formal complaint.  They will do rest of the modalities.

2.  The above is a permanent solution for all such harassment and intimidation by such corrupt officers.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Madras HC has held that police has no authority to ask shops and eateries to close down at night. The high court’s conclusion is significant especially because the State police has been, for decades, clamping down on activities of common man in public places during the night hours.

 

2) There is no rule or law that empowers police to ask a shopkeeper to close down in the night hours, let alone ordering a person to leave a public spot.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. no such rule which stops you to open shop till late night,

2. make a complaint against such corrupt policeman in the vigilance department

3. if you are violating any rule, only concerned department will ask/notice you, police have no authority

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Hi, if he restrains you can file a civil suit for injunction in court and can obtain a stay order 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Poluce do not have powers to call upon you to close your shop 

 

unless there is contrary judgment of Karnataka HC it would be applicable to Karnataka also 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Dear Sir,

Such situations are normal. Better you file a writ petition against the concerned police and get a restrain order. In several cases such orders were issued by the High Court under its discretion power under Art. 226 of Constitution of India.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If the municipal Corporation law prohibits you then you can't keep it open. You need to challenge the said law in hc.  Or you need to bribe.  The judgement of tamil nadu will have persuasive value and not binding effect in Karnataka

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

The decision passed on one high court does not have binding effect on another state.

It appears that the Police is asking for bride. 

So if you do not pay then the Police can not do anything.

In the meantime register under Shop and establishment act and seek necessary permission from the local Municipality to keep the shop open till late night. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

if you are doing night deliveries and its commercial then its better to take a NOC from local police station and muncipal office.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

my suggestion is to first of all check whether you are having all the permissions from the competent authorities to run this business as per local laws or not.If you are satisfied that you got all the permissions required,then no need to hesitate to make a complaint  to the ACB department.Even you can make a complaint to the Commissioner level officer about this issue.They will take necessary action against the bribe taking police officer.All the best

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

If the police is asking bribe then you may get them trapped through DVAC  police.

However you must ascertain that if you have been granted licence to keep your shop open through out the night time  because this plays a vital role especially when you would like to get them trapped for asking bribe.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you feel that you do not want to get entangled in any complication with the police owing to your long term business plans, you may decide to run the shop by bribing the police.

You may negotiate the amount accordingly by convincing them bout your hardships and difficulties to raise such a big amount every month.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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