A DISABLED war hero was taken to court for littering after dropping a parking ticket on the floor — even though he picked it up seconds later.

Magistrates threw out the case against former SAS soldier Nassir Abaid Khan, 44, and said it should never have been brought to court.

And they criticised the evidence given by the two parking wardens who brought the case, labelling their testimony ‘inconsistent’.

Mr Khan said the episode - which happened in Whalley Banks, Blackburn - had been a ‘total waste of taxpayers’ money’.

Council leader Colin Rigby criticised the parking warden’s lack of ‘common sense’ and pledged there would be no repeat.

But critics said the incident highlighted wardens’ ‘over-zealous, vindictive and disgusting’ behaviour.

Blackburn magistrates heard that Mr Khan, who fought in the British special forces in Desert Storm in the early 1990s, was given a parking ticket for leaving his silver BMW outside a barber’s last summer.

Realising he had forgotten to display his blue badge, he confronted parking attendant Sharon Wallbank and showed her his disabled pass, but she refused to cancel the ticket.

Mr Khan said he tried to stick the ticket on her jacket but it fell to the floor.

The court heard that he picked it up immediately and just 10 minutes later he reported the incident to officials at Blackburn town hall and the ticket was rescinded, as the council has a policy on first offences.

But just two weeks later Mr Khan said he was shocked to receive a penalty notice for littering after being accused of dropping the ticket.

At court Simon Farnsworth, defending, said: “The parking ticket clearly wasn’t left (on the street) because it is here in court today and was produced at the town hall within minutes of it being put on the windscreen.”

Announcing a not guilty verdict the chairman of the magistrates said: “It is clear the defendant did not leave the ticket even if he did throw it to the floor.

“Most people would interpret the word ‘left’ as throwing something on the floor and walking away. That wasn’t the case.

“On the evidence put before us we feel this matter should never have been brought before the court.”

Speaking after the hearing, Mr Khan, a prison officer of Hastings Close, Blackburn, said: “I’m sure the people who live in the borough can think of much better ways to spend their money.

“I could just have paid the fixed penalty for littering and that would have been the end of it but I knew that was wrong.”

He said he was now in the final stages of an application to join Greater Manchester police force and that a criminal conviction could have put a stop to this career.

“Putting my police career on the line was a big risk but I couldn’t admit to something I hadn’t done. It was a matter of principle”, he said.

During the Gulf War he was awarded three service medals and won a special colonels commendation for his bravery fighting on the front line.

In 1999, while training in the Scottish mountains to join the elite SAS he had an accident and fell, breaking his back and nearly severing his spine.

He is now registered disabled and remains on medication.

The actions of the parking wardens have been branded ‘vindictive and disgusting’.

Coun Kate Hollern, Blackburn with Darwen Council opposition Labour leader, said the incident was “crazy”.

She said: “This is just another example of a council department not listening to common sense.

“The system is mad and it is disgusting to hear that this man has been hauled through the courts like this.”

Parking campaigner Barrie Segal said the incident had left him “aghast” and was an example of “over-zealous and vindictive behaviour” by wardens.

He said: “This is the sort of mindless act by parking officials that upsets members of the public so much.”

Blackburn with Darwen Council leader Colin Rigby said: “The person has been spoken to and this is unlikely to happen again.

"Common sense should have been used and this should never have been reported and should never have come to court.”

Coun Alan Cottam, executive member for regeneration and environment at the council, said prosecutions were a last resort.

He said: “There are some cases which seem harsh but it is part of the system and it is right that it is left up to the magistrates to decide.”