In August 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the Athlete Akash Kumar Patel. INADA charged the Athlete for his 3 Whereabouts Failures an 1 Missed Test within a 12 month period:

• 1 Q1 Filing Failure recorded on 17 March 2023;
• 1 Q2 Filing Failure recorded on 9 June 2023;
• 1 Filing Failure & 1 Missed Test, recorded on 9 August 2023.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete admitted his fault and stated that he was unaware how to file his whereabouts information. The Panel deems that he had committed an anti-doping rule violation because of his Whereabouts Failures and that there are no grounds for a reduced sanction.

Therefore the ADDPI decides on 15 March 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 August 2023.

ADDPI 2023_164 INADA vs G.

In August 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the Athlete G. Lakshmanan. INADA charged the Athlete for his 3 Whereabouts Failures an 1 Missed Test within a 12 month period:

• 1 Q3 Filing Failure recorded on 29 December 2022;
• 1 Q4 Filing Failure recorded on 31 December 2022;
• 1 Filing Failure & 1 Missed Test on 26 March 2023, recorded on 9 August 2023.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete acknowledged his 3 Filing Failures. However he challenged the Missed test in March 2022 and requested for a reduced sanction.

At the material time he suffered from an injury and had to travel to his place to take care of his daughter who was seriously ill. Moreover he asserted that he had technical issues in his attempt to update his Whereabouts information.

The Panel did not accept the Athlete's explanation and finds that he had committed an anti-doping rule violation. The Panel deems that the Athlete failed timely to update his Whereabouts information.

Therefore the ADDPI decides on 19 March 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 August 2023.

In April 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substances Anastrozole, Drostanolone, Mephentermine, Phentermine and Stanozolol.

Following notification a provisional suspension was ordered and the  Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete denied the intentional use of the substances. He was tested for the first time and had already had ceased participating into championships.

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

The Panel deems that the Athlete failed to demonstrate that the violation was not intentional, nor how the substances had entered his system. Further the Panel determines that there are aggravating circumstances present in this case for the imposition of a more severe sanction.

Therefore the ADDPI decides on 14 March 2024 to impose a 6 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 May 2023.

In August 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the Athlete Rajinder Singh after his sample tested positive for the prohibited substances Mephentermine, Phentermine and Stanozolol.

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

The Athlete accepted the test result, denied the intentional use of the substance and could not explain how the substance had entered his system. He asserted that he acted with a light degree of fault and requested for a reduced sanction.

INADA contended that the Athlete had committed an anti-doping rule violation and there are no grounds for a reduced sanction. It argued that the Athlete failed to demonstrate with corroborating evidence that products he had use had been spiked.

The Panel finds that the presence of the prohibited substances had been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel deems that the violation was intentional and that the Athlete failed to demonstrate with corroborating that his products he used had been spiked.

Therefore ADDPI decides on 28 February 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 August 2023.

In July 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the water polo player Sukhpreet Kaur after her sample tested positive for the prohibited substance Clomifene.

Folowing notification the Athlete did not accept a provisional suspension. She filed a statement in her defence and was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete accepted the test result and denied the intentional use of the substance. She explained with evidence that she had used prescribed medication to get pregnant.

INADA deemed that the Athlete had committed an anti-doping rule violation and acted negligently with her medication. She failed to mention her medication on the Doping Control Form, neither did she made an application for a TUE.

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

The Panel accepts that the Athlete has demonstrated how the substance had entered her system. Yet, it deems that she acted negligently and failed to research her medication.

Therefore the Panel decides on 14 February 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

Related case:

ADDPI 2023_133 INADA vs Pankaj Mukheja
October 25, 2023

On 25 October 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 2 year period of ineligibility on the shooter Pankaj Mukheja after his sample tested positive for the prohibited substance Propranolol.

The ADDPI accepted that the violation was not intentional and deemed that the Athlete had acted negligently with his medication. Moreover he had already available valid medication prescribed by his doctor.

Hereafter the Athlete appealed the ADDPI Decision with the Anti-Doping Appeal Panel of India (ADAPI).

The Athlete admitted the violation and denied the intentional use of the substance. He argued that he acted with No Significant Fault or Negligence and requested for a reduced sanction.

He explained that he had used several medications prescribed by his doctors as treatment for the multiple conditions he suffered. He argued that his doctor had not advised him to stom using the medication in question.

He asserted that he had informed his doctors that he was an Athlete. He also had mentioned his medication on the Doping Control Form and after notification he made an application for a TUE.

INADA contended that the Athlete had committed an anti-doping rule violation because he had used a prohibited substance without a valid TUE. Although the violation was not intentional INADA finds that he acted negligently with his medications.

The Appeal Panel determines that the Athlete is an experienced international level professional who blaimed his doctors while he acted negligently with his medications. He had already received a prescription for a valid medication whereas his TUE application was rejected for the same reason.

The Appeal Panel agrees that the Athlete's violation was not intentional. Yet, it deems that there are no grounds for a more reduced sanction as asserted by the Athlete.

Therefore the ADAPI decides on 8 April 2024 to uphold the ADDPI Decision of 25 October 2023 and to confirm the sanction of 2 years imposed on the Athlete.

On 21 July 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 1 year period of ineligibility on the wrestler Seema Bisla for her 3 Whereabouts Failures within a 12 month period.

• 1 Q3 Filing Failure recorded on 14 December 2022;
• 1 Q4 Filing Failure recorded on 29 December 2022;
• 1 Missed Test on 4 December 2022, recorded on 3 May 2023

Hereafter both the Athlete and the India National Anti-Doping Agency (INADA) appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI).

The Athlete explained that she comes from a poor and humble background and at the material time she struggled with her father's cancer and his death. She argued that she had not received proper anti-doping education whereas she ultimately filed her Q4 2022 Whereabouts.

She deemed that the recorded Missed Test and the anti-doping rule violation should be annuled. She asserted that on the same day of the Missed Test she provided a sample that tested negative.

The Appeal Panel determined that the Athlete indeed had a Missed Test on 4 December 2022, despite she provided a sample on the same day. As a result the Athlete's 3rd Whereabouts Failure stands and consequently she committed an anti-doping rule violation.

Further the Panel considered that Athlete's conduct in this case and finds that she acted with a low degree of fault. The Panel deems that the sanction of 1 year is appropriate in this case.

Therefore the ADAPI decides on 8 April 2024 to uphold the ADDPI Decision of 21 July 2023 and to confirm the sanction of 1 year imposed on the Athlete.

CAS 2023/A/9926 Kanak Jha v. United States Anti-Doping Agency (USADA)

Related case:

AAA 2022 No. 01 22 0005 2588 USADA vs Kanak Jha
March 15, 2023

In December 2022 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the table tennis player Kanak Jha for this 3 whereabouts filing failures and 3 missed tests within a 12 month period.

Consequently the AAA Tribunal decided on 15 March 2023 to impose a 12 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 December 2022.

Additionally USADA reported in May 2023 that the Athlete had violated his provisional suspension. This would effect the starting date of the period of ineligibility imposed on the Athlete.

Thereupon in August 2023 the Athlete appealed the AAA Decision with the Court of Arbitration for Sport (CAS). The Athlete denied the violation and requested to receive credit for the time he was provisionally suspended.

The Athlete denied that his participation into an exhibition on 14 December 2022 should be considered a violation of the provisional suspension. He argued that his appearance at the exhibition was not a prohibited, nor was he aware that this event was affiliated with USA Table Tennis (USATT).

USADA contended that the Athlete was explicitly warned that he was prohibited from participating in activities authorized or organized by WADC signatories. Nevertheless he violated his provisional suspension when he participated into an exhibition on 14 December 2022.

USADA asserted that the Athlete accordingly shall not receive credit for the time he spent provisionally suspended. As a result his period of ineligibility shall start on the date of the AAA decision, i.e. on 15 March 2023.

The Arbitrator assessed and addressed the evidence and arguments presented by the Parties and determines that:

• The Athlete took part in the event on 14 December 2022 and as a result he violated his provisional suspension.
• Accordingly the Athlete can not receive credit for the time he was provisionally suspended, i.e. the period from 1 December until 15 March 2023.

Therefore the Court of Arbitration for Sport decides on 28 November 2023 that:

1.) The appeal filed on 23 August 2023 by Kanak Jha against the United States Anti-Doping Agency with respect to the decision taken by the United States Anti-Doping Agency on 19 Mary 2023 is admissible.

2.) The appeal filed on 23 August 2023 by Kanak Jha against the United States Anti-Doping Agency with respect to the decision taken by the United States Anti-Doping Agency on 19 Mary 2023 is dismissed.

3.) (…).

4.) (…).

5.) All other motions or prayers for relief are dismissed.

CAS 2023/A/9525 World Anti-Doping Agency (WADA) v. Anti-Doping Control Agency of Bosnia and Herzegovina & Doris Živković

In December 2022 the Anti-Doping Control Agency of Bosnia and Herzegovina (ADA BH) reported an anti-doping rule violation against the kickboxer after her sample tested positive for the prohibited substance Furosemide. Consequently the ADA BH Hearing Panel decided on 7 February 2023 to impose a 6 month period of ineligibility on the Athlete.

Hereafter in March 2023 the World Anti-Doping Agency (WADA) appealed the ADA BH Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a sanction of 4 years on the Athlete.

The Athlete (19) admitted the violation and denied the intentional use of the substance. She asserted that as treatment for her infection Lasix was used as presribed medication and not to lose weight.

WADA contended that the there was no medical justification for the use of Lasix and that the Athlete knew that Lasix had weight-loss properties. She failed to mention this product on the Doping Control Form and for the treatment of her infection a different medication had been prescribed.

The Sole Arbitrator assessed and addressed the evidence in this case and determines that:

• The Athlete had admitted the violation and accepted the test result.
• She committed an anti-doping rule violation.
• She acted with direct intent and recklessly when using Lasix.
• She failed to research her medication for banned substances.

Therefore the Court of Arbitration for Sport decides on 29 September 2023 that:

1.) The appeal filed by the World Anti-Doping Agency on 24 March 2023 against the Anti-Doping Agency of Bosnia and Herzegovina and Doris Živković with respect to the decision rendered on 7 February 2022 by the Hearing Panel of the Anti-Doping Agency of Bosnia and Herzegovina is upheld.

2.) The decision rendered on 7 February 2022 by the Hearing Panel of Anti-Doping Agency of Bosnia and Herzegovina is set aside.

3.) Doris Živković is sanctioned with a period of ineligibility of four (4) years, commencing on the date of the notification of this award, with credit given for the period of ineligibility already served.

4.) (…).

5.) (…).

6.) All other and further motions or prayers for relief are dismissed.

TAS 2022/A/9319 NADO Italia v. Jose Luis Palomino

In July 2022 the Procura Nazionale Antidoping (PNA), the Italian National Anti-Doping Prosecutor Office, reported an anti-doping rule violation against the football player Jose Luis Palomino after his A and B samples tested positive for the prohibited substance Clostebol.

On 22 November 2022 the Italian National Anti-Doping Tribunal decided not to impose any sanction on the Athlete because he was deemed not liable for the anti-doping rule violation.

Hereafter NADO Italia appealed the Tribunal decision with the Court of Arbitration for Sport (CAS). NADO Italia requested the Panel to set aside the Appealed Decision and to impose a sanction of 2 years on the Athlete.

The Athlete admitted the violation and denied the intentional use of the substance. He asserted that contamination from a vetinary medication had caused the positive test result.

The Athlete demonstrated with evidence that at the material time an unprescribed vetinary spray Veterabol had been used as treatment for his dog's injury. Analysis of the hair of his dog revealed the presence of Clostebol whereas he was not aware that this vetinary product contained a prohibited substance.

NADO Italia contended that the Athlete had acted negligently and failed to establish how the prohibited substance had entered his system. Moreover it deemed that there were inconsistencies in the explanation that the treatment of his dog with the vetinary spray had caused the positive test result.

The Panel assessed and addressed the evidence in this case and determines that:

• The Athlete had admitted the violation and accepted the test results.
• NADO Italia did not demonstrate with corroborating evidence that the Athlete acted intentionally
• NADO Italia did not present an alternative scenario on the source of the banned substance.
• The Clostebol entered the Athlete's system through contact with his dog.
• Only after the positive test the Athlete became aware that the vetinary spray used for his dog contained Clostebol. 

Therefore the Court of Arbitration for Sport decides on 27 September 2023 to dismiss NADO Italia's appeal and to uphold the Appealed Decision.