The Athlete was involved in a motorcycle accident 29 May 2010 and suffered injuries. He underwent treatment for his injuries and soframycin was prescribed at the at the National Institute of Sports (NIS).
On 8 July 2010 the Athlete provided a sample for drug testing and hereafter the National Anti-Doping Agency of India (INADA) reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance clostebol.
The Athlete stated that after the motorcycle accident he took due care and caution to seek treatment only from the NIS Medical Centre, Patiala and not from any other private doctor. Soframycin was prescribed and the Athlete had no reason to suspect that at the Medical Centre any other substance than soframycin would be used as treatment for his injuries.
The Anti-Doping Disciplinary Panel of India (ADDPI) ruled that the medical records at the Medical Centre were manipulated and holds the Athlete responsible for this. On 23 August 2011 the ADDPI decided to impose a 1 year period of ineligibility on the Athlete.
Both WADA and the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI).
The Appeal Panel finds that the ADDPI decision is based on conjectures and surmises. The Appeal Panel examined the medical records at the NIS Medical Centre and concludes that these were not manipulated by the Athlete.
A mistake in the medical application of clostebol, instead of the prescribed soframycin, was made by the nurses at the NIS Medical Centre. The Appeal Panel rules that the NIS Medical Centre bears fault or negligence and not the Athlete.
Considering the exceptional circumstances in this case and with no fault or negligence the Anti-Doping Appeal Panel of India decides to annul the imposed period of ineligibility. Accordingly the ADDPI decision, dated 23 August 2010, is set aside and the WADA appeal is dismissed.
