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.
