This is an appeal against the refusal of an application by Baiphethi Molefe to the Chief Magistrate sitting at Maun on 6th May, 1982, for the return of a rifle which had been confiscated in a case in which Pelaelo Mosheti was convicted of unlawful hunting without a licence contrary to section 15 (4) as read with (2) (b) (i) of the Fauna Conservation Act (Cap. 38:01) on 18th December, 1981. The application was made under section 89 (4) of Cap. 38:01. And although the applicant has satisfied section 89 (4) (a) and (b) the section, 89 (3), providing for an application of this nature to be made within 90 days of the date of order, that is, 18th December, 1981 but it was decided the Court had no discretion in the matter. On appeal, the court reasoned that the period of 90 days is merely a guide to assist the Court in assessing the situation in each application. Further, the court set aside the order refusing the application and order that the 375 rifle 75526 07526 be returned to the Applicant forthwith.