Police Must Not Obstruct Lawful Business but May Act on Credible Information of Illegal Activity.

The petitioner, proprietor of “The Heaven Spa” in Kalaburagi, alleged that police officers had forced the spa to close without notice or a closure order, obstructing his business.

He relied on lease agreements and trade licences issued by the Municipal Corporation and sought protection from coercive action, as well as permission to reopen without a trade licence.

The police denied having forcibly closed the premises and submitted that they could inspect spa centres on receiving credible information and act against unlawful activity in accordance with law.

The Corporation stated that it had issued the petitioner a trade licence.

1. Whether the police may obstruct the petitioner’s spa business without lawful justification

2. Whether the police may visit the spa and take action when they receive credible information of unlawful activity

3. Whether the petitioner was entitled to the specific relief sought concerning reopening without insisting on a trade licence

Article 19(1)(g) of the Constitution protects the right to carry on a lawful occupation, trade or business; police interference with lawful business may violate that right.

The Court also recognised that police may, upon receiving credible information about unlawful activity, visit the premises and take action in accordance with law.

The order did not identify or apply any specific statutory provision or precedent.

The Court considered the petitioner’s claim that he operated the spa lawfully and had produced lease documents and Corporation-issued trade licences, alongside the police’s denial of forced closure and assertion of authority to inspect on credible information.

It held that police could not obstruct lawful business, as doing so would infringe Article 19(1)(g) and affect the proprietor’s and employees’ livelihood.

At the same time, the petitioner’s right to conduct business did not prevent police from inspecting the premises or taking lawful action if credible information indicated unlawful activity.

The Court did not separately determine the request to reopen without a trade licence or interpret the proviso to Section 353 of the Karnataka Municipal Corporations Act.

The Court clarified that its order would not prevent lawful police action against unlawful activities.

No order as to costs was made.