PENANG, Nov 16 (Bernama) -- An unemployed man escaped the hangman's noose when he was freed by the High Court here today, of two counts of drug trafficking and another of drug possession.

After finding that the prosecution had failed to estabilish a prima facie case, Judicial Commissioner Yaakob Sam ordered that Shahrul Azlan Abdul Jaffar be acquitted and discharged, without his defence being called.

In passing judgement, Yaakob said the court also found there was a doubt about the location of the accused's arrest.

Besides, he said, the prosecution also failed to justify the way the drugs were measured and the individuals involved.

Shahrul Azlan, 23, was charged with committing the offences at 214E, Jalan Pondok Asam, Jelutong about 4am on Sept 12, 2004.

For the first and third counts, Shahrul Azlan was charged with trafficking drugs weighing 11,597.2gm and 2,792.2gm, respectively.

Both charges, made under Section 39B (1)(a) of the Dangerous Drugs Act carried the mandatory death penalty upon conviction.

On the second count, he was charged under Section 39A(2) of the same act, which carries life imprisonment or a minimum of five years, and whipping of not less than 10 strokes.