The prayer in this Original Petition is for the issuance of a writ of certiorari quashing Ext. R2(a) Preventive Detention Order passed by the 2nd respondent Commissioner and Secretary to Government (Home), Trivandrum against the petitioner under S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act'). Ext. R2(a) order is under challenge in this Original Petition on various grounds. At the admission stage Mr. T. P. Kelu Nambiar, learned Senior Advocate and the learned Additional Advocate General entered appearance for the petitioner and State respectively and the O.P. itself was heard at length. Though it is mentioned in the statement dated 10-3-1998 filed on behalf of the 2nd respondent that "the 2nd respondent craves leave to file a detailed counter-affidavit in due course", neither any leave was sought after filing the statement nor any affidavit filed till date.

2. From the statement of facts of the Original Petition and from a scrutiny of the files produced by the Additional Advocate General, it can be seen that the order of detention is passed based on three incidents. The first incident took place on 16-1