ADAPI 2023_11 Kashish Malik vs INADA - Appeal

On 8 March 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 2 year period of ineligibility on the taekwondo Athlete Kashish Malik after he tested positive for the prohibited substance Furosemide.

Hereafter the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADDPI). The Athlete requested the Appeal Panel to set aside the Appealed Decision and for a reduced sanction.

The Athlete asserted that in first instance the ADDPI had not considered evidence demonstrating that she had a medical prescription as treatment for her diagnosed infection. By contrast the India National Anti-Doping Agency (INADA) contended that the Athlete had failed to apply for a TUE, nor mentioned her medication on the Doping Control Form.

The Appeal Panel determines that the Athlete, as an experienced professional, failed to produce evidence of purchase of her medication, including the prescribed medication Lasix. Further she failed to check her medication and neither informed her sports doctor about her condition and prescribed medication.

The Appeal Panel concludes that the Athlete had committed an anti-doping rule violation and deems that she failed to demonstrate that there are grounds for No Significant Fault or Negligence.

Therefore the ADDPI Panel decides on 21 November 2023 to uphold the Appealed Decision and the imposed 2 year period of ineligibility, starting on the date of the ADDPI Decision.

Original document

Parameters

Legal Source
National Decisions
Date
21 November 2023
Arbitrator
Chandran, P.S.M.
Kohli, Nalin
Puri, Indu
Original Source
India National Anti-Doping Agency (INADA)
Country
India
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Negligence
Sport/IFs
Taekwondo (WT) - World Taekwondo
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
S5. Diuretics and Other Masking Agents
Substances
Furosemide
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
9 January 2024
Date of last modification
23 January 2024
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