JUDGMENT

Ashok Bhushan, J.

We have heard Shri Abhilash M.R., learned counsel appearing for the petitioner and Shri Nishe Rajen Shonker, learned counsel for the respondent.

2. We find sufficient ground to review the judgment dated 16.05.2018. The order of this Court dated 16.05.2018 is recalled. The review petition is allowed.

3. This appeal has been filed against the judgment dated 16.11.2017 of the Kerala High Court by which the High Court has allowed Criminal M.C. No.2720 of 2017 filed by the respondent by quashing proceedings in C.C. No.706 of 2016. The Deputy Range Forest Officer aggrieved by judgment of the High Court has come up in this appeal.

4. The facts of the case briefly are:

On 25.07.2016 from the respondent, Titty alias George Kurian a Turtle was seized by Rani Forest Flying Squared Range Staff at Karumbanakulam. The offence under Section 2, 9, 39A, 49A and 51 of the Wild Life (Protection) Act, 1972 was registered. A charge-sheet was submitted by the Forest Officer. After seizure of the Turtle, the same was sent for identification to Veterinary Surgeon who by its letter dated 26.07.2016 identified the Turtle on inspection as "Indian Flap Shell", the scientific name is "Liss