The counsel for the athletes, R K Anand, argued that the NDTL had not followed procedure as it had not maintained a clear internal and external chain of custody of the urine samples and trashed the laboratory for lack of documentation as is required under World Anti-Doping Agency rules.
At one time, the NADA Disciplinary Panel head Dinesh Dayal, a retired District Judge, seemed to concede that there was lack of documentation at the laboratory when Anand quoted the WADA and NADA Rule Book.
Eleven athletes -- swimmers Richa Mishra, Amar Muralidharan and Jyotsna Pansare, wrestlers Rajeev Tomar, Rahul Mann, Sumeet, Joginder, Mausam Khatri and Gursharanpreet Kaur and athletes Saurabh Vij and Akash Antil -- tested positive for methylhexaneamine stimulant just before the 2010 Commonwealth Games in Delhi.
Anand contended that in the absence of a logbook at the NDTL for the refrigerator and cold storage, anybody can open and seal any sample.
"Whenever the sample is taken out or opened or sealed, there should be a signature each time in a logbook maintained. But there is no such logbook for refrigerator and cold storage at the NDTL. Anybody can go and take out the sample," he contended.
"There should be control and accountability of the samples. If the integrity of the sample is not maintained, it (the case) is liable to be dismissed," he said, citing international cases.
Dayal admitted that only the external chain of custody form and covering letter were there at the NDTL to which Anand retorted that not having the documents did not mean that they should not be maintained. MORE
