New Delhi: CBI on Thursday told a Delhi court that the opinion of an expert committee, set up by telecom regulator TRAI to access annual value of the spectrum, was in "consonance" with its own figure of loss of Rs 30,000 crore in the allocation of licenses for the radio waves.

"CBI had asked the Telecom Regulatory Authority of India (TRAI) to evaluate the pricing of spectrum after a technical and commercial probe. Even if you take the lowest value (of TRAI), it is not off the mark. In fact, the figures (about the loss), which are modest ones, are in consonance with our figure," Special public prosecutor U U Lalit told Special CBI Judge O P Saini.

The prosecutor, however, refused to use certain parts of the covering letter, written by the TRAI to the CBI, along with with expert committee report as a document, to be relied upon by the agency in support of its case. 

The covering letter of the committee's report, written by R K Arnold of TRAI to S K Palsania of CBI, said the auctioning of spectrum was never recommended and its pricing was based on assumption.

"I am making it clear that it's not the document (the covering letter) on which we are relying. There is no question of withdrawing it. I am just saying do not take that document on record at this point of time," Lalit said.

Quoting from the report, Lalit said it was not possible for TRAI to arrive at the "precise value" of the spectrum as it was done with retrospective effect and that too with the help of "meagre" data.

"Valuing spectrum with a retrospective effect is a tricky thing. In 2001, TRAI valued it at Rs 1202.91 crore and in 2008 it was valued at Rs 9500 crore. Later, the figure was revised," he said.

The expert committee report again revised the price and scaled it down from Rs 9,500 crore to 5,444 crore, the prosecutor said, adding it cannot be said TRAI had taken a different view from that of CBI.

"Rather, they (TRAI) had taken a modest view. The figure of Rs 30,000 crore (of CBI) is a rational and correct figure and is not off the mark," Lalit said, adding the agency was bound by "whatever it had said in the charge sheet about the loss."

The prosecutor opposed the plea of Swan Telecom promoter Shahid Usman Balwa that CBI was "subverting" the process of trial by not brining the expert committee's report on record.

"The application does not deserve to be listed even. How can we be directed to use certain documents as our documents? How can you say that we are applying pressure tactics?" Lalit said.

Lalit also defended not using the opinion of the Ministry of Law and Justice that Swan Telecom was not an "associate" of Reliance Telecom Limited. Opposing the plea of the accused for a direction to place on record the report of the Law Ministry, Lalit said "there can be no such direction to CBI."

"We are not shutting you out. It is just that when something has come and it is not the prosecution's case, then it can be brought on a later stage. But that document cannot be forced to be brought on record at the time of framing of charges," he said.

The court, which was to pronounce its order on framing of charges against 17 accused, including former Telecom Minister A Raja, on Thursday did not pass the order.

It would continue to hear arguments on Friday on behalf of the accused on using TRAI's report as part of judicial record.

(Agencies)