ADAPI 2023_27 Ajay Kumar vs INADA - Appeal

Related case:

ADDPI 2023_05 INADA vs Ajay Kumar
July 5, 2023

On 5 July 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the volleyball player Ajay Kumar after his sample tested positive for the prohibited substance Dehydrochlormethyltestosterone.

Hereafter the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI). The Athlete 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 explained with evidence that he had received medical treatments in hospitals for his condition and had used prescribed medication that probably contained the prohibited substance.

INADA contended that the Athlete failed to demonstrate with corroborating evidence that the violation was not intentional, nor the source of the prohibited substance whereas had acted negligently.

The Appeal Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

In view of the evidence Panel deems that the Athlete's medical information and prescribed medication could not identify the source of the prohibited substance, nor that the violation was not intentional.

Therefore the Appeal Panel decides on 4 September 2023 to dismiss the Athlete's appeal and to uphold the Appealed Decision. The 4 year period of ineligibility shall start on the date of the provisional suspension, i.e. on 22 February 2023.

Original document

Parameters

Legal Source
National Decisions
Date
1 September 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
Case law / jurisprudence
Circumstantial evidence
Sport/IFs
Volleyball (FIVB) - International Volleyball Federation
Other organisations
Anti-Doping Appeal Panel of India (ADAPI)
India National Anti-Doping Agency (INADA)
Laboratories
New Delhi, India: National Dope Testing Laboratory
Doping classes
S1. Anabolic Agents
Substances
Dehydrochlormethyltestosterone (4-chloro-17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
19 September 2023
Date of last modification
9 January 2024
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  • Legal Terms
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  • Laboratories
  • Analytical aspects
  • Doping classes
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