A former head of Venzuela's military intelligence should not be extradited to the US from Spain, the High Court in Madrid has ruled. 

Hugo Carvajal was released from prison in Estremera, Spain where he had been held after seeking refuge in the country after falling out with Venezuelan president Nicolas Maduro. 

He had been arrested in April by Spanish authorities following a US request for extradition on accusations of drug trafficking. He denies the charges which he says are an attempt to force him to provide incriminating material against the Maduro government, which Washington says is illegitimate.

“I did not expect any other outcome. I am innocent,” Carvajal told reporters as he left the prison on the outskirts of Madrid surrounded by his family.

“Of course some day I will go back to Venezuela, and for now I will continue fighting for my country, as long as Spain allows me,” he said.

The High Court ruled against the extradition despite the state prosecutor's recommendation that the request be satisfied. The Spanish government will make the final decision but usually follows the lead of the courts.