On 4 July 2018 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the Athlete Inderjeet Singh after his A and B samples – provided on 22 June (the First Sample) and 29 June 2016 (the Second Sample) - tested positive for the prohibited substances Androsterone and Etiocholanolone.
Here the Disciplinary Panel (ADAPI) dismissed the Athlete’s objections regarding the collection, chain of custody and testing although the Panel established material deviations from the applicable Guidelines and Standards.
Hereafter the Athlete appealed the First Instance decision of 4 July 2018 with the Anti-Doping Appeal Panel of India (ADAPI). Again the Athlete argued that material departures occurred of the applicable Guidelines and Standards during the collection, the chain of custody and the analysis of the Athlete’s samples.
The India National Anti-Doping Agency (INADA) contended that the test results were valid and that there were no serious departures of the applicable Guidelines and Standards regarding the collection and testing of the Athlete’s samples.
Considering the evidence in this case the Appeal Panel established that there were indeed material departures regarding the procedures for collection, chain of custody and testing for the Athlete's First and Second Sample.
The Panel finds that the Athlete established a crucial breach in the chain of custody of the First Sample leading to a reasonable doubt about the test result of this First Sample.
In the matter of the Second Sample the Appeal Panel concludes that the identity of the sample was seriously doubtful to deem the entire test negative in accordance with stipulations about departures of the Standards.
As a result the Anti-Doping Appeal Panel of India decides on 14 December 2018 to set aside the test results of the First and Second Sample and to annul the 4 year period of ineligibility imposed on the Athlete by the Disciplinary Panel on 4 July 2018.
Further, as a result of this case, the ADAPI makes the following suggestions to the National Anti-Doping Agency and the Ministry of Sports & Youth Affairs:
A.) formulate and notify Standard Operating Procedures and/or Regulations in accordance with Articles 7, 8 and 9 of the WADA Anti Doping International Standard: Testing & Investigation, 2015;
B.) provide proper authorized transport to the DCO, as well as adequate equipment to maintain the integrity, veracity and identity of each sample collected;
C.) henceforth the Review Exercise must mandatorily contain
- (i) a detailed Report of re-checking of every stage of AAF, and
- (ii) a proper certification of the Reviewing Authority of being fully satisfied with the AAF;
D.) await the direction of the Disciplinary Panel or take their permission prior to testing if an application pending, except in a case where it is clear that the Athlete is obstructing or unduly delaying the proceedings for garnering an undue advantage.
