ADDPI 2021_175 INADA vs Nilesh Balhara

In April 2021 the India National Anti-Doping Agency (INADA) has reported an anti-doping rule violation against the judoka Nilesh Balhara after for his refusal and evasion of Doping Control in February 2021.

After notification a provisional suspension was ordered and the Athlete was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Doping Control Officers (DCO) reported that Athlete was duly notified that he was selected for sample collection. However the Athlete refused to sign the notification form, nor accompanied the DCO's to the Doping Control Station and instead he left the venue. Thereupon a person from the Athlete's entourage made threats to DCO and tried to manipulate the doping process.

The Athlete asserted that the DCOs didn't show their identification card and were not acting in accordance with the ISTI.

Based on the evidence the Panel established that the INADA DCOs had authority to conduct doping control although their ID cards had expired as reason why they were not wearing them around their neck. Video footage showed that the Athlete asked the DCOs for their IDs and that he clearly tried to evade signing the notification form and the sample collection.

The Panel concludes that the Athlete intentionally had evaded sample collection without compelling justifications. Further the Panel questioned the Athlete's conduct and the contradicting statements he made in this case while he was tested before as Athlete without issues.

Therefore the ADDPI decides on 19 April 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 April 2021.

Original document

Parameters

Legal Source
National Decisions
Date
19 April 2022
Arbitrator
Arya, D.S.
Chaubey, Kalyan
Sharma, Nupur
Original Source
India National Anti-Doping Agency (INADA)
Country
India
Language
English
ADRV
Evasion
Refusal or failure to submit to sample collection
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Digital evidence / information
Intent
Notification / identification
Sport/IFs
Judo (IJF) - International Judo Federation
Other organisations
Anti-Doping Disciplinary Panel of India (ADDPI)
India National Anti-Doping Agency (INADA)
Various
Doping control
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Pdf file
Date generated
21 June 2022
Date of last modification
5 July 2022
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