ADAPI 2023_08 Chandra Shekhar vs INADA - Appeal

On 20 January 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the minor Athlete Chandra Shekhar (16) after his sample tested positive for the prohibited substance Drostonalone.

Hereafter the Athlete filed a statement in his defence and he was heard for Anti-Doping Appeal Panel of India (ADAPI). He requested the Appeal Panel to set aside the Appealed Decision and to impose a reduced sanction.

The Athlete admitted the violation and denied the intentional use of the substance. He asserted that as a minor under the Rules he must be considered as a protected person.

He argued that he had a humble background, came from a small village, was not tested before and had never received anti-doping education. He alleged that sabotage at the Junior National Camp had caused the postive test result.

INADA dismissed the Athlete's assertions and contended that he failed to demonstrate with any evidence that the violation was not intentional, nor how the substance had entered his system. He also cannot claim ignorance because he was an active sportsperson and sufficiently aware about anti-doping and prohibited substances.

The Appeal Panel acknowledged that the minor Athlete is a Protected Person under the Rules. Nevertheless there are no grounds for a reduced sanction in this matter as he failed to demonstrate with corroborating evidence that the violation was not intentional.

Furthermore the Panel determines that the Athlete as a minor was aware of anti-doping and prohibited substances. Considering his conduct the Panel finds that he had not been ignorant, rather had acted negligently.

Therefore on 23 August 2023 the Appeal Panel dismisses the Athlete's appeal and upholds the Appeal Decision of 19 January 2023. The 4 year period of ineligibility shall start on the date of the provisional suspension, i.e. on 18 July.

Original document

Parameters

Legal Source
National Decisions
Date
23 August 2023
Arbitrator
Mukerji, Abhinav
Singh, Prashanti
Singh, Vivek Pal
Original Source
India National Anti-Doping Agency (INADA)
Country
India
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Burdens and standards of proof
Case law / jurisprudence
Minor
Negligence
Protected Person
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
India National Anti-Doping Agency (INADA)
Laboratories
New Delhi, India: National Dope Testing Laboratory
Doping classes
S1. Anabolic Agents
Substances
Drostanolone
Document type
Pdf file
Date generated
18 September 2023
Date of last modification
9 January 2024
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